AZ Criminal Defense Group, PLLChttps://azcrimelawyer.com
Phoenix Criminal Lawyer
Thu, 02 May 2019 01:29:59 +0000 en
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1 https://wordpress.org/?v=5.1.1https://azcrimelawyer.com/wp-content/uploads/2017/06/cropped-No_Words_Bigger_even-32x32.jpgAZ Criminal Defense Group, PLLChttps://azcrimelawyer.com
3232Penalty for Theft in Arizonahttps://azcrimelawyer.com/penalty-for-theft-in-arizona/
https://azcrimelawyer.com/penalty-for-theft-in-arizona/#respondThu, 02 May 2019 01:29:23 +0000http://azcrimelawyer.com/?p=2683-enPenalty for Theft in Arizona We may hear about shoplifting on the nightly local news from time to time. Or perhaps when a celebrity, for whatever reason, takes something that is not theirs. However, many people do not know the laws behind shoplifting charges. Today, we want to discuss a recent story out of Phoenix […]

We may hear about shoplifting on the nightly local news from time to time. Or perhaps when a celebrity, for whatever reason, takes something that is not theirs. However, many people do not know the laws behind shoplifting charges.

Today, we want to discuss a recent story out of Phoenix and Scottsdale about three women accused of stealing high-dollar liquor from multiple stores. Then we want to discuss all of the state’s shoplifting laws as well as some legal defense tactics.

Arizona takes shoplifting seriously. If you or someone you know are facing shoplifting charges, please contact an Arizona defense attorney as soon as possible.

What Happened Here?

Police arrested three women after they were seen on surveillance video stealing multiple high-dollar liquors from a Safeway store in Scottsdale. In that incident, police say the women took $745 worth of merchandise. However, one of the women was recognized as a suspect in a previous, yet similar, incident. Police say there has been a string of similar thefts in stores across Phoenix and Scottsdale over the last few months.

At the Safeway locations in Scottsdale alone, they say over $21,000 in merchandise has been taken.

At the time of their arrest, the vehicle that was used in previous thefts was parked outside. They found $10,000 worth of liquor inside the vehicle.

All three were charged with organized theft and shoplifting.

Shoplifting Laws In Arizona

Certain criteria must be present for a shoplifting charge to be appropriate. Please note the language in Arizona Revised Statute 13-1805:

A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by:

Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or

Charging the purchase price of the goods to a fictitious person or any person without that person’s authority; or

Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or

Transferring the goods from one container to another; or

A person is presumed to have the necessary culpable mental state pursuant to subsection A of this section if the person does either of the following:

Knowingly conceals on himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment.

Uses an artifice, instrument, container, device or other article to facilitate the shoplifting.

Penalties For Shoplifting

Penalties for shoplifting depend on the value of the merchandise that was taken.

Less than $1,000 = Class 1 misdemeanor

Up to six months in jail and fine of up to $2,500

$1,000 – $2,000 (of a firearm) = Class 6 felony

Six months to 1.5 years in jail and fines up to $150,000

Over $2,000 = class 5 felony

Nine months to 2 years in jail and fines up to $150,000

If a person shoplifts during a continual criminal episode or as a part of a street gang, this is also a class 5 felony. Anyone who uses an artifice, instrument, container, device, or other article with the intention of shoplifting OR has in the past five years been convicted of two or more theft-related offenses faces a class 4 felony.

What You Can Do Now

If you are facing shoplifting charges, please take them seriously and secure a skilled Arizona defense attorney who will have your back and work to get your charges reduced or dismissed altogether.

]]>https://azcrimelawyer.com/penalty-for-theft-in-arizona/feed/0Arizona Man Accused of False Accusationshttps://azcrimelawyer.com/arizona-man-accused-of-false-accusations/
https://azcrimelawyer.com/arizona-man-accused-of-false-accusations/#respondWed, 24 Apr 2019 23:19:22 +0000http://azcrimelawyer.com/?p=2677-enArizona Man Accused of False Accusations Arizona Man Arrested For Crime He Didn’t Commit We know that crimes occur on a daily basis. We see that simply by turning on the nightly news or reading the newspaper. However, what happens if you find yourself charged with a crime you did not commit? That happened last […]

Arizona Man Arrested For Crime He Didn’t CommitWe know that crimes occur on a daily basis. We see that simply by turning on the nightly news or reading the newspaper. However, what happens if you find yourself charged with a crime you did not commit?

That happened last year to one Arizona man. He has since been released, but he is now speaking out about his story and we think people should listen. His story illustrates just how easy it is for mistakes to be made by law enforcement and prosecutors while also highlighting the real human consequences of those mistakes.

If you have been charged with a crime, please seek help from an Arizona criminal defense attorney immediately. You need an advocate who will be by your side every step of the way, ensuring you are treated fairly.

What Happened Here?

In February of 2018, Stephen Baker did not know that the next few months of his life were going to be much different than planned. He was arrested in connection with the armed robbery of a T-Mobile store in Tempe.

The problem?

He was not there when it happened.

When I was initially arrested I was thinking I was going to go home almost immediately, I was thinking I was innocent, which I was,” Baker said.

Instead, the 33-year-old went to jail. Even though he maintained that he was innocent, one of the victims of the crime identified him. Police also say that Baker was spotted in an area near where the getaway car was discovered. He could not post bond and ended up spending 69 days in jail.

Finally, with help from his attorney, police were convinced to use GPS data from Bakers cell phone to determine where he was during the time the crime was being committed. Even though he was released, the charges were not dropped until January of this year.

Baker’s father is upset. “All they had to do is vet his story, go a little deeper.”

The Bakers are planning to file a lawsuit against the Tempe, so we will have to wait a while until we have answers to the following questions:

Why did it take so long to check Baker’s cell phone GPS?

Why did it take so long for prosecutors to drop the charges against him?

Baker said he has struggled to maintain employment due to this case and that he was even sent a bill for $1,200 from him for restitution.

We cannot help but wonder how much easier this case would have gone if Baker had secured help from a qualified and experienced criminal defense attorney. There is nothing wrong with public defenders, but they are overworked and often unable to give their full attention to each case.

Would Baker have gotten out sooner with a diligent, unrelenting attorney?

Most likely.

We hope that Mr. Baker gets the justice he deserves when this case comes to a conclusion, a justice that was denied to him in the first place.

Moving Forward With Your Case

We know that it can be scary facing criminal charges. The first thing you need to do is secure an Arizona criminal defense attorney who can guide you through this. Whether you have been wrongfully accused or are facing charges that do not align with your crime, an attorney can help you. Do not try to tackle this by yourself, regardless of whether or not you think the charges are bogus.

A criminal defense attorney understands the process and will thoroughly investigate your case. The goal is to get your charges reduced or dismissed so you can get back to living your life.

]]>https://azcrimelawyer.com/arizona-man-accused-of-false-accusations/feed/0What Are Arizona Kidnapping Defenses?https://azcrimelawyer.com/what-are-arizona-kidnapping-defenses/
https://azcrimelawyer.com/what-are-arizona-kidnapping-defenses/#respondThu, 18 Apr 2019 13:51:09 +0000http://azcrimelawyer.com/?p=2673-enWhat Are Arizona Kidnapping Defenses? Kidnapping is a serious criminal charge that carries severe penalties if you’re convicted. It’s certainly a charge that you should seek strong legal counsel to handle because Arizona criminal law can be tricky. A good defense attorney can help you with strong defense strategies to avoid serious jail time. As […]

Kidnapping is a serious criminal charge that carries severe penalties if you’re convicted. It’s certainly a charge that you should seek strong legal counsel to handle because Arizona criminal law can be tricky. A good defense attorney can help you with strong defense strategies to avoid serious jail time.

As you work to build your criminal defense case against kidnapping charges, here’s a look at the defense strategies you can employ.

Victim consent

One defense strategy for kidnapping charges is to show that the victim willingly consented to going with you. In this case, it isn’t kidnapping because you didn’t take someone someplace without their consent. An attorney works to bring about reasonable doubt that this might be the case to try and prove your innocence.

You might see this defense strategy in kidnappings that involve romantic relationships. Sometimes love makes people do funny things and a disagreement between the couple can make one claim that the other forced them into go somewhere they didn’t want to go, which can result in kidnapping charges.

Ignorance

For an act to be kidnapping it often includes deliberate knowledge that what you are doing is illegal. One of the largest scenarios in which kidnapping cases occur is in child custody when one parent doesn’t realize they are kidnapping a child by taking them across state lines without the knowledge and approval of another parent. Even without going across state lines a parent can accidentally commit the crime of kidnapping simply by keeping the child away from the other parent when it is their turn to have custody of the child.

Ignorance can also happen in young adults. A college prank or mild hazing can go wrong and lead a young person to commit the crime of kidnapping by accident. These situations can be tragic for the future of that young person without a strong defense and understanding from the courts. Proving that no ill will was involved in the prank or hazing can help ensure that the young adult does not live with a criminal record.

Duress

In some cases, a defendant is forced into a kidnapping act by another person who threatens bodily harm if they don’t cooperate. In these cases, an attorney can prove that the defendant would not have committed the crime had they not been forced to do so by another party. If there is imminent danger for the defendant, then this strategy will often work to prove that under normal circumstances, the kidnapping would not have occurred because the defendant meant no harm to the victim.

An example of duress is if a parent tries to get a family member to kidnap a child from the other parent by using force. This can be threats or actual bodily injury to the person who is being coerced into actually taking the child against the will of the other parent.

Mental illness

Some mental illnesses make people do silly things, such as take a child from their rightful home. Mental illnesses can make a person believe that things that are only happening in their head are actually real, which can lead them to do some pretty crazy things.

Mental illness can be a defense for kidnapping because it shows that the defendant did not mean harm, but simply was not in the right mindset to be charged fully for the crime. In these scenarios, mental help and rehab are often prescribed instead of lengthy prison sentences.

If you’re facing criminal charges for kidnapping, you should seek an Arizona criminal law attorney to represent your case.

]]>https://azcrimelawyer.com/what-are-arizona-kidnapping-defenses/feed/0Being Charged with Fraud in Arizonahttps://azcrimelawyer.com/being-charged-with-fraud-in-arizona/
https://azcrimelawyer.com/being-charged-with-fraud-in-arizona/#respondWed, 10 Apr 2019 17:29:01 +0000http://azcrimelawyer.com/?p=2669-enBeing Charged with Fraud in Arizona The term fraud is very broad and it can refer to many things – insurance fraud, credit card fraud, identity theft and other schemes. All of these, however, refer to a similar type of offense that is punishable by law in Arizona and across the US. How Is Fraud […]

The term fraud is very broad and it can refer to many things – insurance fraud, credit card fraud, identity theft and other schemes. All of these, however, refer to a similar type of offense that is punishable by law in Arizona and across the US.

How Is Fraud Defined in Arizona?

A.R.S. 13-2310 states that the crime of fraudulent scheming is committed whenever an individual creates a scheme or a plan to defraud others knowingly and to receive benefits as a result of this illegal activity.

To put it in simpler terms, fraud is a range of criminal offenses that involve dishonesty, manipulation and misrepresentation to intentionally deceive another person and receive personal benefits. Depending on the type of fraud scheme and the nature of the fraudulent activity, this crime can be addressed either on state or federal level.

In Arizona, various types of illegal activities fall in the fraud category. A few of the most common ones include:

Identity theft

Tax fraud

Insurance fraud

Bankruptcy fraud

Counterfeiting

Embezzlement

Pyramid schemes

Unemployment fraud

Mail fraud

Bribery

As you can see, the term refers to a very broad range of actions. Some of these activities fall under the white collar crime category. Others, like bribery for example, can be carried out on a much bigger scale. In some instances, fraud is committed against an individual. In others, it involves a company, an organization or even a governmental institution.

Fraud is usually a Class 2 felony offense in Arizona. Depending on the nature of the activity, there may be additional charges that will increase the scope of sanctions in the event of a person being found guilty.

The Criminal Process and Fraud Penalties

Several elements will have to be established for fraud to be proven.

A fraud charge will have to establish misrepresentation of fact by someone who knows the presented fact is false. In addition, that person should rely on the misrepresentation to cause injury or losses to someone else.

In Arizona, a first time offense is a Class 2 felony that carries probation to one year in jail or a prison sentence of up to 12.5 years. There will also be fines that can reach up to 150,000 dollars.

In the event of unemployment fraud, a person that’s found guilty can expect a prison sentence of one year and a fine of 150,000 dollars.

Whenever fraud causes losses exceeding 100,000 dollars, there will be no probation option. The defendant will face prison time if found guilty.

Depending on the nature and the severity of the crime, it could also be prosecuted in federal court. Federal crimes carry much more serious sanctions and harsher penalties. In addition, a defendant may be ordered to pay civil penalties to compensate a victim in a couple of distinctive ways (covering attorney fees, paying restitution, etc.).

Fraud Defense Strategies

Arizona criminal lawyers often deal with fraud charges because of the broad scope of activities falling under the category.

Based on the specific charge and the evidence, a lawyer will seek the right defense strategy that will prove one’s innocence, contribute to the dismissal of the charges or result in the most lenient sentence.

Showing there was no intention to defraud anyone is a common line of defense. The activities of a defendant need to be intentional and purposeful for them to qualify as a crime.

It’s also possible for a lawyer to attempt establishing the fact that any benefit a client received was provided with the consent of the alleged victim. Evidence of mutual agreement or understanding between the two entities will be sufficient to establish the fact that no fraudulent activity occurred.

Procedural violations like a violation of the defendant’s Miranda Rights can also be incorporated in the defense strategy to get some or all of the evidence dismissed from the case.

]]>https://azcrimelawyer.com/being-charged-with-fraud-in-arizona/feed/0Collateral DUI Consequences in Arizonahttps://azcrimelawyer.com/collateral-dui-consequences-in-arizona/
https://azcrimelawyer.com/collateral-dui-consequences-in-arizona/#respondThu, 28 Mar 2019 17:03:38 +0000http://azcrimelawyer.com/?p=2665-enCollateral DUI Consequences in Arizona A DUI conviction in the state of Arizona has the potential to ruin your life. Those found guilty of DUI in Arizona face repercussions beyond fines and embarrassment. DUI penalties include fines, time in jail and driver’s license suspension. There are also collateral consequences as detailed below. An Explanation of […]

A DUI conviction in the state of Arizona has the potential to ruin your life. Those found guilty of DUI in Arizona face repercussions beyond fines and embarrassment. DUI penalties include fines, time in jail and driver’s license suspension. There are also collateral consequences as detailed below.

An Explanation of Collateral Consequences

Collateral consequences are extra penalties resulting from a criminal conviction aside from fines, probation and/or time in prison or jail. Though the social consequences are not the same as collateral consequences dictated by the state of Arizona, each has the potential to change your life for the worse.

Let’s take a look at an example of collateral consequences to illuminate this issue.

In addition to probation, jail time and fines, an individual convicted of Arizona DUI will be subjected to a driver’s license suspension for upwards of a full year. Once the license is restored, the individual in question must have an ignition-interlock system installed on the vehicle. This system must remain in place for upwards of 18 months. Ignition-interlocks are mounted to the vehicle dashboard, forcing the driver to blow into a tube to prove he or she has not consumed alcohol. If alcohol is detected, the vehicle will not start.

If your driver’s license is suspended, it will make it that much more difficult to get to work, drive your kids to sports practices and enjoy life. If the court allows for a restricted driver’s license during the suspension period, you might not be able to adhere to the schedule required by your employer. Adding salt to the wound is the fact that state-issued commercial/professional driver’s licenses are not provided to those who have a DUI conviction. This means your license to operate a commercial vehicle or school bus can be revoked or denied after you are found guilty of DUI in Arizona. If you have spent your life driving for a living, you will find it extraordinarily difficult to transition to a new line of work.

Additional Collateral Consequences of Note

In certain situations, employers will take action against employees convicted of DUI in Arizona. Consider the situation of Steve Keim, the General Manager of the Arizona Cardinals. Keim was charged and convicted of DUI while driving in Chandler. News reports state Keim pleaded guilty. In addition to the penalties mandated by the state, Keim was also suspended from work for more than a month and fined $200,000.

It is bad enough that you face fines, potential jail time and the suspension of your driver’s license for an extended period of time. Penalties levied by your employer will make life even more stressful. The worst part is your employer will likely look for ways to reduce your role in the workplace after this transgression. It is certainly possible your employer will gradually phase you out after a DUI conviction. Though employer consequences for DUI seem unfair and excessive, they are perfectly legal. This is the nightmare scenario our Arizona DUI attorneys will help you avoid.

Our Arizona DUI Attorney is Here to Help

The bottom line is Arizonans take DUI more seriously than most other Americans. If you are charged with DUI in Arizona, your livelihood is at stake. Do not let this legal predicament ruin your life. Reach out to our Arizona DUI attorneys for assistance and we will fiercely represent you in and out of a court of law. Our mission is to minimize your DUI penalty or even get the charge dropped altogether. Contact us today to schedule an initial consultation so we can review the facts of your unique DUI case.

]]>https://azcrimelawyer.com/collateral-dui-consequences-in-arizona/feed/0What is the Penalty for Prostitution in Arizona?https://azcrimelawyer.com/what-is-the-penalty-for-prostitution-in-arizona/
https://azcrimelawyer.com/what-is-the-penalty-for-prostitution-in-arizona/#respondTue, 19 Mar 2019 22:15:58 +0000http://azcrimelawyer.com/?p=2660-enWhat is the Penalty for Prostitution in Arizona? In Arizona, prostitution is a crime that carries the respective penalty. It does not fall under the category of sex crimes but the sanctions for those engaging in paid sexual services are serious. Arizona Prostitution Laws According to A.R.S. 13-3211, prostitution is defined as offering to or […]

In Arizona, prostitution is a crime that carries the respective penalty. It does not fall under the category of sex crimes but the sanctions for those engaging in paid sexual services are serious.

Arizona Prostitution Laws

According to A.R.S. 13-3211, prostitution is defined as offering to or engaging in sexual conduct for a payment. Both the person paying for and the person being paid for the service will be committing a criminal act.

Depending on the nature of the offense or the circumstances, prostitution could lead to Class 1 misdemeanor or Class 5 felony charges.

Prostitution is a Class 1 misdemeanor whenever the offense is a first, second or third one. People who have committed four or more offenses will be facing felony charges.

A first-time offender will usually have to spend a minimum of 15 days in jail. The jail time increases to 30 days for second-time offenders and 60 days for third-time offenders. Those who have been found guilty of prostitution four or more times will have to spend at least 180 days in Arizona jail.

Pimping, Enticement and Procurement

When it comes to the sale of sexual services, there are several related crimes that are also sanctioned in Arizona.

The first one is pimping. As per A.R.S. 13-3209, a pimp is a person who is involved in pandering and who receives earnings from a prostitute. Both of these activities will lead to Class 5 felony charges. Pandering is defined as encouraging someone to engage in an act of prostitution, compelling them or placing another person in a house of prostitution.

Enticement is defined as inviting someone to engage in acts of prostitution. In a sense, this crime is similar to pandering. Very often, it’s impossible to tell one from the other but enticement carries a different sentence because it is a Class 6 felony in Arizona.

The final related crime is procurement.

Procurement is explained more thoroughly in A.R.S. 13-3203. The term refers to knowingly receiving money or valuables from prostitution-related activities. As you can see, the difference between pimping and procurement is also difficult to tell. Procurement is also a Class 5 felony that carries a maximum prison sentence of 2.5 years.

Possible Defense Scenarios

While prostitution does not fall under the category of the heinous sex crimes, it will still have life-changing consequences for any person found guilty of such an offense.

If you are charged with prostitution, pimping, enticement or procurement, you will have to get in touch with an experienced Arizona criminal defense attorney. Your life depends on the work your lawyer does to out together a solid defense strategy.

To prove that prostitution has occurred rather than a normal sexual encounter between two consenting individuals, a prosecutor will have to provide evidence of a payment occurring. Proving that money changed hands in relation to a sexual act can be very difficult and your lawyer could base the defense strategy on this fact.

Entrapment is another relatively common defense in the event of prostitution. If a law enforcement professional coerces an individual to do something they wouldn’t have done otherwise, entrapment can be established.

Mistake of fact could also be a viable defense scenario. Finally, a lawyer may attempt establishing the fact that an individual is a victim of sex trafficking rather than a willing provider of sexual services. In this case, the attorney will prove that sex acts were committed as a direct result of being forced to participate in a sex trafficking scheme.

Even if there’s sufficient evidence against the defendant, a lawyer could arrange for a plea bargain and a diminished sentence.

]]>https://azcrimelawyer.com/what-is-the-penalty-for-prostitution-in-arizona/feed/0What Is a No Contest Plea and When Should You Make It?https://azcrimelawyer.com/what-is-a-no-contest-plea-and-when-should-you-make-it/
https://azcrimelawyer.com/what-is-a-no-contest-plea-and-when-should-you-make-it/#respondMon, 11 Mar 2019 02:06:21 +0000http://azcrimelawyer.com/?p=2655-enWhat Is a No Contest Plea and When Should You Make It? When you stand before the court of law and enter a plea, you have four options: guilty, not guilty, not guilty by reason of insanity and no contest. It’s most common for defendants to enter a not guilty plea, but there are instances […]

When you stand before the court of law and enter a plea, you have four options: guilty, not guilty, not guilty by reason of insanity and no contest. It’s most common for defendants to enter a not guilty plea, but there are instances where a no contest plea is appropriate. An Arizona criminal defense attorney can help you determine what is right for your specific situation.

What is a plea?

A plea is your on-record response to the criminal charges against you. In a criminal case, you are the defendant and can pick from the options of guilty, not guilty, not guilty by reason of insanity or no contest when it comes time to enter your plea. The judge will formally note or enter your response into your official hearing file.

When entering a no contest plea, you in no way admit guilt, but you recognize the validity of the facts against you. You might also hear a no contest plea referred to as “nolo contendere.”

Why you might consider a no contest plea

No contest is admissible when the defendant has some sort of impairment where they can’t remember the details or event of what happened as to why they are sitting in court. Choosing to enter a no contest plea is you saying that you recognize that the facts against you are true but that you don’t necessarily take on the consequences or sentencing of those facts.

A no contest plea can be beneficial if you have reached a point in your case where the evidence is too strong against you and you don’t stand a chance at winning. No contest is better than guilty though because it cannot be used against you in other, outstanding cases.

For example, if the defendant stole from a store and caused damage in the process, he might be facing both criminal charges for the illegal activity and a lawsuit in small claims court for the store to sue for the damages. If the defendant pleads guilty to the criminal case, that guilt is admissible in the lawsuit proceedings. A no contest plea though is not usable in the lawsuit case.

When pleading guilty is better than no contest

If the prosecution offers a plea deal, you might be required to enter a plea of guilty to receive the deal. Only an Arizona criminal defense attorney can help you weigh the pros and cons of accepting a plea deal and entering a guilty plea before the judge.

Once you enter your guilty plea, you can’t go back and change it, so be sure that you’re well informed before moving forward. Though plea deals are often less sentencing than the maximum for your offense, that doesn’t always mean that they are the best possible agreement that you could get. That’s where your attorney can really step in and provide insights.

A judge can deny a no contest plea. Both the judge and the prosecutor must consent to your plea entry. Once approved, the judge will explain to the defendant how he or she will now be considered guilty of the crime with a no contest plea. Once the defendant states that they understand the consequences, the judge will ask whether or not they are entering the plea freely and without coercion.

At this point, the defendant moves to a sentencing hearing where the defendant will learn what his or her punishment will be for the crime they have been found guilty of. If you’re unsure of whether or not to enter a no contest plea, discuss the matter with your Arizona criminal defense attorney to learn more.

]]>https://azcrimelawyer.com/what-is-a-no-contest-plea-and-when-should-you-make-it/feed/0The Consequences of Arson Charges in Arizonahttps://azcrimelawyer.com/consequences-of-arson-charges-in-arizona/
https://azcrimelawyer.com/consequences-of-arson-charges-in-arizona/#respondFri, 01 Mar 2019 23:49:28 +0000http://azcrimelawyer.com/?p=2650-enThe Consequences of Arson Charges in Arizona Knowingly and maliciously setting fire to a structure or a property is a crime in Arizona. This crime is known as arson and the consequences can be serious. Arizona Arson Laws A.R.S. 13-1703 through 1708 are the statutes that deal with various types of arson. A.R.S. 13-1703 states […]

Knowingly and maliciously setting fire to a structure or a property is a crime in Arizona. This crime is known as arson and the consequences can be serious.

Arizona Arson Laws

A.R.S. 13-1703 through 1708 are the statutes that deal with various types of arson.

A.R.S. 13-1703 states that the arson of a structure is a Class 4 felony that carries a minimum prison sentence of 18 months. The same applies to property arson, whenever the involved property costs 1,000 dollars or more. For property worth 100 to 1,000 dollars, the perpetrator will face Class 5 felony charges and a minimum prison term of nine months.

The only exception here is the arson of property worth less than 100 dollars. it doesn’t contribute to felony charges and it will be classified as a Class 1 misdemeanor. The related sanctions include up to six months in prison, three years of probation and a fine of 2,500 dollars.

Whenever an occupied structure is set on fire, the perpetrator will face Class 2 felony charges and a minimum prison term of four years.

Under Arizona regulations, the burning of wildlands is also a criminal activity.

Criminal negligence burning is a Class 2 misdemeanor. Reckless burning of wildlands is a Class 1 misdemeanor and the intentional burning of wildlands is a Class 6 felony. Whenever the burning of wildlands is intentional and it endangers people or structures, the perpetrator faces Class 3 felony charges and a minimum prison sentence of five years.

Just like in the case of other criminal convictions, the penalty is going to be higher for repeat offenders. In some instances, they will face 23 years in prison or even more for one previous conviction and 35 years for two or more previous convictions.

Important Steps to Undertake if You’re Charged with Arson

The consequences of both arson and reckless burning in Arizona are going to be serious. If you want to get the best possible outcome out of the criminal investigation process, you have to get in touch with a reputable lawyer immediately.

On top of facing criminal conviction, you could also be held accountable for the cost of damages. Hence, your entire life could be turned around.

The good news is that experienced Arizona criminal defense attorneys can come up with a range of viable, evidence-based defense strategies.

The lack of intent is one possible defense scenario. You may still face sanctions but as you’ve seen already, the charges for negligent and intentional burning are very different from each other.

In addition, starting a fire isn’t always necessarily linked to malicious intentions. A camper who starts a fire to prepare a meal doesn’t intend to burn down wildlands or nearby structures. A change in wind, however, could make the fire spread. In such instances, the camper can’t be found guilty of malicious and intentional arson.

Procedural violations are also commonly addressed by criminal defense attorneys. Errors pertained to evidence collection or the fact that you haven’t been read your Miranda rights could lead to the dismissal of evidence or the dropping of the charges altogether.

If the prosecution has a motive and supporting evidence, putting together a sound defense strategy will be more difficult. A good lawyer, however, could carry out witness interviews and identify counter-evidence to disprove intentional and malicious fire starting.

In some instances, it may be possible to provide evidence that another party was responsible for starting the fire. This, paired with a solid alibi, could easily contribute to a positive criminal proceedings outcome. Once again, comprehensive pre-trial investigation will be required to establish such facts.

]]>https://azcrimelawyer.com/consequences-of-arson-charges-in-arizona/feed/0What Happens When You’re Facing Underage DUI Charges?https://azcrimelawyer.com/what-happens-when-youre-facing-underage-dui-charges/
https://azcrimelawyer.com/what-happens-when-youre-facing-underage-dui-charges/#respondWed, 20 Feb 2019 20:59:50 +0000http://azcrimelawyer.com/?p=2646-enWhat Happens When You’re Facing Underage DUI Charges? Driving while under the influence is a serious offense in the state of Arizona. However, underage DUIs are even more serious because they tend to have a higher fatality rate. The effects of an underage DUI on a young person’s life can be enormous, meaning you should […]

Driving while under the influence is a serious offense in the state of Arizona. However, underage DUIs are even more serious because they tend to have a higher fatality rate. The effects of an underage DUI on a young person’s life can be enormous, meaning you should certain receive counsel from an Arizona DUI attorney.

There are 15 states that do not have separate laws around underage DUI. However, Arizona is not one of them. If you’re convicted of an underage DUI, you’ll face jail time, suspension of your license, hefty fines, rehabilitation and community service as well as struggles to find auto insurance on an ongoing basis.

What constitutes an underage DUI?

Arizona is a zero tolerance state for underage drinking. That means that drivers under the age of 21 cannot have a blood alcohol content of more than 0.00%. The same is true for illegal substances. Any traces of illegal substances can be cause for a DUI charge.

This presents some challenges for young adults as they could be perfectly coherent and safe to operate the vehicle. Choosing to get behind the wheel is often related to how someone feels after drinking and how much they’ve had. None of this is considered when a young adult tests positive for alcohol because of this zero tolerance policy Arizona observes.

To be charged with a DUI, there must first be some reason for suspicion that an officer observes. That suspicion could be the smell of alcohol on a driver’s breath or the presence of alcohol in the car.

Effects of an underage DUI conviction on a young person

After years of working toward good grades and being part of the right clubs at school to get accepted into a particular university, an underage DUI can wipe all that hard work out. Or young adults working toward more prestigious careers, such as an attorney or doctor, can hurt their chances of being accepted into that career.

Additionally, license suspensions are more severe for underage DUIs. This means that a young adult might have to find other means of transportation for a couple of years. This can put a strain on job opportunities and career choices based on proximity to public transportation.

Furthermore, insurance companies don’t look kindly on underage DUI convictions. Even once the person has been reinstated with licensing privileges, getting auto insurance can be difficult and pricey.

Hiring an Arizona attorney to defend your son or daughter from an underage DUI conviction

Arizona attorneys who have experience with underage DUIs can guide you along the way of defending your son or daughter from an underage DUI conviction. There are some nuances to underage DUIs that adult DUIs do not have, which is why you’ll want to ensure you pick the right attorney to represent you.

A failed field sobriety test or breathalyzer is the not the end of the line for your teenager or young adult. You can and should fight these charges to protect the young person’s future. There are many ways to fight and defend someone from an underage DUI, especially when the BAC is extremely low.

Outside of the DUI charge, a young person could be facing additional traffic violations, or even more serious charges, such as distributing alcohol to minors and child endangerment if they are with a person under the age of 18. If the charges are piling on and threatening your child’s future, get in contact with an Arizona DUI attorney as soon as possible to begin building your case. The sooner an attorney is brought in on the case, the quicker they can work toward ensuring your child’s future and long-term success.

]]>https://azcrimelawyer.com/what-happens-when-youre-facing-underage-dui-charges/feed/0Threat with a Deadly Weapon in Arizonahttps://azcrimelawyer.com/threat-with-a-deadly-weapon-in-arizona/
https://azcrimelawyer.com/threat-with-a-deadly-weapon-in-arizona/#respondWed, 30 Jan 2019 17:44:08 +0000http://azcrimelawyer.com/?p=2607-enThreat with a Deadly Weapon in Arizona While the second amendment protects your right to bear arms, you still have to follow Arizona law around use of a weapon, or you could be mounting a criminal defense. This doesn’t always mean just ensuring that you don’t harm anyone with your weapon. It also includes threats […]

While the second amendment protects your right to bear arms, you still have to follow Arizona law around use of a weapon, or you could be mounting a criminal defense. This doesn’t always mean just ensuring that you don’t harm anyone with your weapon. It also includes threats and intimidations as well as bringing the weapon to a prohibited area, such as a school.

To avoid being charged for a threat with a weapon, be sure you know all of Arizona’s laws surrounding weapons before carrying one anywhere or using it. Here’s a look at some of the ways you can face criminal charges

Weapons on school grounds in Arizona

Arizona law prohibits carrying a gun onto school property. Even if you never bring the gun out or use it to threaten anyone, you could face a class 1 misdemeanor for possessing it on school grounds. In Arizona, a class 1 misdemeanor can include a sentencing of jail time of up to six months and fines of up to $20,000.

These penalties become much higher and stricter when combined with other illegal behavior. The illegal behaviors include using or dealing drugs, soliciting minors for crime, marijuana sale or exchanges, and other violations.

The illegal behaviors listed above would make your violation of carrying a weapon on school grounds a Class 6 felony. With that, you could spend up to six years in jail. Additionally, if this is not your first offense for illegally carrying a weapon on school property, you’ll also face stricter penalties as a repeat offender.

Threats and intimidation using a weapon

Threatening another person with a weapon is a crime in Arizona. A.R.S. section 13-1202 sets forth the following scenarios and criteria for what make for threatening with a weapon.

If you threaten to cause physical harm or harm to the property of someone else while wielding a weapon, you can be charged as a criminal.

Threats of public inconveniences can also be a crime. You should not make claims that you will evacuate a building or cause any sort of disruption to daily life while holding a weapon.

Should you hold a weapon while making threats related to a gang, crime syndicate or other group, you can be charged for threats using a weapon.

The penalties for such threats with a weapon range from a Class 1 misdemeanor to a Class 3 felony. The more severe sentencing comes into play when you are acting as part of a gang or other criminal group.

Additionally, you can face charges for misconduct involving weapons. This can include lying to an officer when asked if you were carrying a weapon. You can also violate this law by concealing a weapon and carrying it with your during other criminal activity.

Furthermore, Arizona residents can face aggravated assault charges when assaulting a person with a deadly weapon. This occurs when you intentionally strike fear of injury into another person with a deadly weapon.

Accepting a misdemeanor or felony could mean life changes for you because it can affect your ability to get a job or take part in other day-to-day activities. Protect your way of life by organizing a strong defense against your criminal charges by bringing in an expert to help.